Termination of Probationary Employment
At any time prior to the expiration of the probationary period, the Superintendent or designee may, at his/her discretion, dismiss a probationary classified employee from district employment. A probationary employee shall not be entitled to a hearing.
Involuntary Suspension Without Pay, Demotion, Reduction of Pay Step in Class, or Dismissal of Permanent Classified Employees
Permanent classified employees shall be subject to personnel action (suspension without pay, demotion, reduction of pay step in class, dismissal) only for cause. The Board's determination of the sufficiency of the cause for disciplinary action shall be conclusive.
Causes for Disciplinary Action
1. Fraud or misrepresentation of material facts.
2. Gambling on school property and/or during work hours.
3. Incompetence.
4. Inefficiency.
5. Continuing illness/disability to a degree manifesting an adverse impact on work required to be performed.
6. Conviction of a serious crime by a court of law which conviction has a demonstrable adverse impact upon the district's ability to continue employment; failure to disclose material facts regarding a criminal conviction; presenting false or misleading information on application forms or other employment records.
7. Inattention to or dereliction of duties.
8. Abandonment of positions.
9. Willful and persistent violation of rules, regulations or procedures adopted by the district.
10. Possession of an alcoholic beverage container on district property or in district equipment; consuming an alcoholic beverage on district property or in district equipment; being under the influence of an intoxicant, controlled substance or other drug to a degree sufficient to impair an ability to work safely and efficiently.
11. Possession of illegal controlled substance or other drug or "look alike" under circumstances indicating an intent to use, give away or sell same to others.
12. Arrest and being formally charged with a sex offense as defined in Education Code 44010.
13. Arrest for a sex or narcotics or controlled substance offense, as reflected in Education Code 45304.
14. Engaging in political activities during assigned hours of duty.
15. Conviction of a crime of moral turpitude.
16. Making an unprovoked physical or verbal attack on a student, district employee, or member of the public.
17. Repeated unexcused absence and/or tardiness.
18. Failure to maintain any license or certificate which is a condition of employment.
19. Dishonesty, theft, misappropriation, or willful misuse of district property for personal gain; willful destruction of district property or the property of others lawfully on district property.
20. Ethnic, racial, religious, or sexual harassment of another.
21. Advocacy of the overthrow of the federal, state, or local government by force, violence or other unlawful means, including conduct in violation of Government Code 1028.
22. Any other cause or causes for disciplinary action set forth in the Education Code or other applicable Code.
2. Initiation and Notification of Charges
The Superintendent or designee may initiate a personnel action as defined herein against a permanent classified employee.
In all cases involving a personnel action, the person initiating the action shall file a written recommendation of personnel action with the Board. A copy of the recommendation shall be served upon the employee either personally or by registered or certified mail, return receipt requested, at the employee's last known address. The recommendation shall include:
a. A statement of the nature of the personnel action (suspension without pay, demotion, reduction of pay step in class, or dismissal).
b. A statement of the cause or causes for the personnel action, as set forth above.
c. A statement of the specific acts or omissions upon which the causes are based. If a violation of rule, policy, or regulation of the district is alleged, the rule, policy, or regulation violated shall be stated in the recommendation.
d. A statement of the employee's right to appeal the recommendation and the manner and time within which the appeal must be filed.
e. A card or paper, the signing and filing of which shall constitute a demand for hearing and a denial of all charges.
3. Employment Status Pending Appeal or Waiver
Except as provided herein, any employee against whom a recommendation of personnel action has been issued shall remain on active duty status and responsible for fulfilling the duties of the position pending his/her appeal or waiver thereof.
If the Superintendent or designee determines that a permanent classified employee should be dismissed and that his/her continuing in active duty status would present an unreasonable risk of harm to students, staff, or property while proceedings are pending, the Superintendent or designee may order the employee immediately suspended from duty without pay in conjunction with the recommendation of personnel action. This suspension order shall be in writing and shall state the reasons that the suspension is deemed necessary. The suspension order shall be served upon the employee either personally or by registered or certified mail, return receipt requested, immediately after issuance. Except in cases of emergency when the employee must be removed from the premises immediately, the Superintendent or designee shall give the employee written notice of the proposed recommendation of dismissal at least five calendar days before the effective date of any order of suspension issued in conjunction with a recommendation involving dismissal. This notice shall state that immediate suspension without pay is being considered, the reasons for the proposed dismissal and proposed immediate suspension without pay, materials upon which the proposed action is based, and the employee's right to respond to the Superintendent or designee orally or in writing before the final recommendation and order are issued.
4. Time Limit of Suspension
Except for a suspension imposed under #3 above, the maximum time during which an employee may be suspended without pay is 30 working days; however, this time limitation shall not apply to cases in which a personnel action of dismissal is modified by the Board to a suspension.
5. Right to Appeal
Within five calendar days after receiving the recommendation of personnel action described above, the employee may appeal by signing and filing the card or paper included with the recommendation. Any other written document signed and appropriately filed within the specified time limit by the employee shall constitute a sufficient notice of appeal. A notice of appeal is filed only by delivering the notice of appeal to the office of the Superintendent or designee during normal work hours of that office. A notice of appeal may be mailed to the office of the Superintendent or designee but must be received or postmarked no later than the time limit stated herein. In cases where an order of suspension without pay has been issued in conjunction with a recommendation of dismissal, any appeal of the recommendation of dismissal shall also constitute an appeal of the suspension order, and the necessity of the order shall be an issue in the appeal hearing.
If the employee fails to file a notice of appeal within the time specified in these rules, he/she shall be deemed to have waived his/her right to appeal, and the Board may order the recommended personnel action into effect immediately.
Should the proposed disciplinary action be affected, a written notice shall be promptly served upon the employee, either personally or by certified mail, stating the action taken, and advising the employee of his/her right to appeal the disciplining action to the Personnel Commission. Within three working days following the taking of disciplinary action by the Board, the district shall notify the Personnel Commission. Within 10 working days following the receipt of this notification, the Personnel Commission Director shall notify the affected employee of their right to appeal the disciplinary action, in accordance with the Personnel Commission Rules and Regulations.
6. Amended/Supplemental Charges
At any time before an employee's appeal is finally submitted to the Board or to a hearing officer for decision, the complainant may, with the consent of the Board or hearing officer, serve on the employee and file with the Board an amended or supplemental recommendation of personnel action.
If the amended or supplemental recommendation presents new causes or allegations, the employee shall be afforded a reasonable opportunity to prepare his/her defense. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegation may be made orally at the hearing and shall be noted on the record.
7. Hearing Procedures
a. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Personnel Commission or hearing officer and the availability of counsel and witnesses. The parties shall be notified of the time and place of the hearing. The employee shall be entitled to appear personally, produce evidence, and have counsel. The employee shall be entitled to a public hearing if he/she demands it when the Personnel Commission is hearing the appeal. The complainant may also be represented by counsel. The procedure entitled "Administrative Adjudication" commencing with Government Code 1150 shall not apply to any such hearing before the Personnel Commission or a hearing officer. Neither the Personnel Commission nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Personnel Commission.
b. The Personnel Commission may, in its sole discretion, elect to conduct the hearing itself or may appoint a hearing officer to conduct the hearing and report finding and recommendations to the Commission.
The hearing shall be conducted in accordance with the Personnel Commission's Rules and Regulations. The Commission shall render its decision as soon after the conclusion of the hearing as practicable, and, in no event, later than 15 working days following the formal closing of the hearing.
8. Hearing Decision
A copy of the Personnel Commission's decision shall be filed with the Board of Education and a copy delivered to the employee. The commission decision shall be final and shall not be subject to review, modification, or reversal by the district's Board.
9. Compulsory Leave of Absence
Employees charged with a mandatory leave of absence offense as defined in Education Code 44940 shall be placed immediately on compulsory leave of absence for not more than 10 days after entry of judgment in the criminal proceedings, unless the leave is extended as provided below. (Education Code 45304)
Employees charged with an optional leave of absence offense as defined in Education Code 44940 may be placed immediately on compulsory leave of absence under the terms and conditions stated below. (Education Code 45304)
Despite the disposition of criminal charges, the Board reserves the right to dismiss an employee for the facts upon which the criminal charges were based. An employee ultimately found guilty by the Personnel Commission to have committed the acts upon which the original charges were based may be dismissed. If so dismissed, the employee is not entitled to compensation during the time of his/her suspension, unless otherwise required by law.
An employee shall be given notice of the possibility of being dismissed without pay during the compulsory suspension if he/she is ultimately found guilty of the acts leading to the criminal charges, despite the disposition of the charges by the court.
10. Extension of Compulsory Leave
The Board may extend an employee's compulsory leave of absence by giving him/her notice, within 10 days after the entry of judgment in the proceedings, that he/she will be dismissed in 30 days unless he/she demands a hearing. Employee compensation during the period of compulsory leave shall be made in accordance with law. (Education Code 44940.5)
Legal Reference:
EDUCATION CODE
35161 Delegation of powers and duties
44009 Conviction of specified crimes
44010 Sex offense
44011 "Controlled substance offense" defined
44940 Leave of absence; employee charged with mandatory or optional leave of absence offense
44940.5 Compulsory leave of absence; procedures; extension; compensation; bond or security; reports
45101 Definitions (including "disciplinary action," "cause")
45109 Fixing of duties
45113 Rules and regulations for classified service in districts not incorporating the merit system
45123 Employment after conviction of sex or narcotics offense
45302 Demotion and removal from permanent classified service
45303 Additional cause for suspension or dismissal of employees in classified service
45304 Suspension for reasonable cause; filing of charges; employee charged with mandatory or optional leave of absence offense
VEHICLE CODE
1808.8 School bus drivers; dismissal for safety-related cause
UNITED STATES CODE, TITLE 42
12101 -12213 Americans With Disabilities Act
COURT DECISIONS
California School Employees v. Livingston Union School District, (2007) 149 Cal.App 4th 391
CSEA v. Foothill Community College District, 52 Cal. App. 3rd 150, 155-156, 124 Cal. Rptr 830 (1975)
Regulation CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT
approved: December 14, 2010 Lawndale, California